Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)

Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)

Both Defendants failed to comply with the Unless Order of 8 June 2021 as to the substance (and, for the 1st Defendant, also as to timing and undertakings). The breaches were serious and significant, with no adequate explanation. Relief from sanctions is refused. The Defences are struck out automatically under the Unless Order.

Citation
[2021] EWHC 2824
Parties
Claimant: Simon Bard Parkes; 1st Defendant: Toby Hall; 2nd Defendant: Stephen Earnshaw aka Amora Steve Melchizadek
Jurisdiction
England and Wales
Judgment Date
22 October 2021
Procedural Posture
Civil (defamation, Harassment, Privacy, Data Protection) / Application Hearing for Strike Out/summary Judgment and Relief From Sanctions
Outcome
Defences of both Defendants struck out; judgment for the Claimant on liability; further orders to be agreed.
Legal Topics
Strike Out of Defence, Relief From Sanctions, Unless Orders, Summary Judgment, Compliance With Court Orders
Defamation Harassment Privacy Data Protection Civil Procedure Strike Out of Defence Relief From Sanctions Unless Orders +2 more

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Parties

Simon Bard Parkes

Claimant

Toby Hall

1st Defendant

Stephen Earnshaw aka Amora Steve Melchizadek

2nd Defendant

Procedural Posture

Civil (defamation, Harassment, Privacy, Data Protection) / Application Hearing for Strike Out/summary Judgment and Relief From Sanctions

Legal Issues

  1. 1 Whether the Defendants complied with the Unless Order of 8 June 2021
  2. 2 Whether extensions of time should be granted to the Defendants
  3. 3 Whether relief from sanctions should be granted for non-compliance

Ratio Decidendi

Both Defendants failed to comply with the Unless Order of 8 June 2021 as to the substance (and, for the 1st Defendant, also as to timing and undertakings). The breaches were serious and significant, with no adequate explanation. Relief from sanctions is refused. The Defences are struck out automatically under the Unless Order.

Court Disposition

Defences of both Defendants struck out; judgment for the Claimant on liability; further orders to be agreed.

Orders

  • 1st Defendant's applications for extension of time refused.
  • 1st Defendant's application for relief from sanctions refused.